Separation agreement reveals Tinfow was “involuntarily terminated” – public not told why, nor who initiated it
JohnGlidden.com, By John Glidden, September 17, 2020
Lorie Tinfow, Benicia City Manager Apr 2017 – Sep 2020
BENICIA – Benicia has agreed to give more than $300,000 in severance pay to former city manager Lorie Tinfow, who announced her resignation earlier this month, according to a severance agreement obtained by JohnGlidden.com.
Although she officially resigned on Sept. 8, Tinfow actually signed the agreement on Sept. 4, suggesting Tinfow may have been pushed out.
The agreement stipulates Tinfow will receive $303,718 altogether – $259,385 for 13 months of pay, plus $26,287 in unused vacation time, $12,157 in compensation for one-half of her sick leave, and $5,887 for one-half of her unused administrative leave.
Tinfow will remain on the city’s medical, dental and vision plans until October 2021, according to the agreement.
Attempts to reach Tinfow about her departure have been unsuccessful.benicia
Tinfow’s contract with the city states that if she is “involuntarily terminated” she will receive “twelve (12) months of the base salary, plus accrued vacation leave, one-half (1/2) of accrued administrative leave, and one-half (1/2) of accrued sick leave, calculated at the base salary in effect on the effective date of termination.”
According to the contract, involuntary termination can occur through Tinfow’s resignation following a salary, compensation and/or benefit reduction without her consent; a reduction in the powers and authority of the city manager position, or the total elimination of the city manager’s position; or if Tinfow resigns following a formal demand by a majority of the Bencia City Council that she resign.
Tinfow’s contract states that if she voluntarily resigns she is only entitled to accrued vacation leave, one-half (1/2) of accrued administrative leave, one-half (1/2) of accrued sick leave, and not any of her base salary.
Despite indications she faced an involuntary termination, the city council praised Tinfow in a press release announcing her resignation.
“The City Council is grateful for Ms. Tinfow’s service to the City of Benicia and wishes her well in her future endeavors,” the Sept. 8 release said.
In her resignation letter, Tinfow said that she “worked hard over the past three-plus years to make the City of Benicia a stronger, healthier city.”
“I’m especially proud of the work that I have done to complete long-standing projects such as the drainage issues associated with St. Augustine Ct., the Bus Hub transit site, and the ERP which will be completed this fall,” she wrote. “l also introduced new communication tools such as the City of Benicia This Week newsletter, Benicia Town Hall online survey and Priority Based Budgeting and contributed to the Council’s goal of retaining and attracting quality staff by hiring talented individuals and recommending strategies to retain employees.”
Neither Benicia Mayor Elizabeth Patterson, nor the other members of the city council could be immediately reached when asked about Tinfow.
On Sept. 8, the council met in a special closed session to discuss Tinfow’s performance as city manager; a normally routine occurrence. However, following the closed session the council said it had unanimously accepted Tinfow’s resignation and also approved the severance agreement.
Benicia Police Chief Erik Upson was also named “acting” city manager.
A week later on Sept. 15, the council met in closed session, officially appointing Upson as interim city manager. During that meeting, Vice Mayor Christina Strawbridge became the only councilmember to make any reference to the situation when she thanked Upson for “stepping up” to serve as interim city manager.
Longtime resident Constance Beutel expressed concern about Tinfow’s sudden departure from the city.
“As a resident and voter, I am highly distressed that this resignation, without a given explanation, is yet another reason that this city needs to take serious stock of how its equity and diversity issues are handled,” she told the council during the public comment period. “Are there internal biases that drive women and minorities from the city? If so, they are costing us talent, money, and reputation.”
On Sept. 17, the city issued a press release announcing Upson had been appointed interim city manager.
“Mr. Upson will provide the steady hand at the helm as the council begins the recruitment process for a new city manager,” Patterson said in the same release.
As Upson serves as city manager, Benicia police Capt. Mike Greene will serve as interim police chief, officials added.
“I am honored that the Council and the Mayor have asked me to step into this critical role during such a challenging time,” Upson said. “Benicia is an amazing town. I am committed to this community and to our staff. We are in the midst of some very great challenges, but none that cannot be overcome if we come together as one community and lift each other up. We will get through this and, if we take this approach, we will come out stronger on the other side.”
Tinfow came to Benicia in 2017, replacing Brad Kilger who left the position to take a similar job in the city of Martinez.
Prior to Benicia, Tinfow served as city manager of Pacifica, and before that, she was an assistant city manager for Saratoga and Walnut Creek.
Refineries Renewed – Phillips 66, Marathon move to renewable biofuels
East Bay Express, By Jean Tepperman, September 16, 2020
OIL CHANGE: Local residents stand tall in front of the Phillips 66 refinery, which will become the world’s biggest producer of renewable fuels by 2024. PHOTO BY GLENN HUMMEL
Residents of East Bay refinery communities, public officials and environmental organizations had mixed reactions to recent surprise announcements by two Bay Area oil refineries: Phillips 66 said its Rodeo refinery will stop processing petroleum and switch to producing biofuel—made from living plants. It will also close its Rodeo carbon-processing plant. Days later, Marathon announced it would close its Martinez refinery and consider using it to produce biofuel.
“It’s really historic to see 50 percent of the refineries in Contra Costa make a decision to go from processing crude oil to renewable energy,” said Supervisor John Gioia. “It moves us in the right direction, knowing it’s not where we want to end up.” He added that, since the converted refineries will probably employ fewer workers, the county’s big challenge will be “to assist workers to find replacement jobs with equal pay [and create] pre-apprenticeship programs to get local people into jobs.”
Rodeo resident Maureen Brennan said, “I’m 60 percent excited for the community about this new technology and 40 percent worried. I’m happy to have less pollution from the refinery. I’m just suspicious.” She noted that Phillips 66 hasn’t withdrawn permit applications for “two tar-sands-related projects.” Nancy Rieser, another refinery neighbor, was skeptical about the refinery’s mention of “used cooking oil” as a raw material. She said she feared that, instead, rainforests in Brazil and Paraguay would be cleared for “industrial soybean production” to supply the biofuel industry.
And Greg Karras, author of a recent report calling for gradual decommissioning of California refineries, said the move to biofuel is a “strategy to protect oil companies’ stranded assets.” State and federal support for this strategy diverts resources from the real solution: electrification of transportation.
Phillips 66 announced that, starting in 2024, the refinery will become the world’s biggest producer of “renewable diesel, renewable gasoline, and sustainable jet fuel,” reducing the use of fossil fuel. The company said the change will cut carbon dioxide emissions from the refinery by 50 percent, sulfur dioxide by 75 percent and reduce pollution in general. The plant will produce 50,000 barrels of biofuel a day, compared to its current output of 122,000 barrels a day of petroleum products.
In addition, the project’s website, Richmond Renewed, says it “will provide high-paying family-wage jobs with healthcare benefits. Crude oil refinery workers will have the opportunity to transition to produce renewable fuels. Construction jobs for refinery conversion will help the county recover from the COVID-induced recession.”
The Phillips 66 biofuel project—and the possible project at Marathon in Martinez—reflect an oil-industry trend that started before the current economic problems. Many California policies have been promoting a move from fossil-fuel transportation. And environmental activists have been winning battles against planned fossil-fuel expansion. “There’s a lot about this project that’s way less terrible” than previous proposals, said Karras. San Luis Obispo County recently nixed a Phillips 66 plan to bring crude oil by rail from Canada’s tar sands to its Santa Maria refinery. And for years community opponents have stalled two Rodeo refinery proposals they say are also about tar sands: construction of propane and butane storage tanks and expansion of tanker traffic.
For starters, refinery neighbors and environmental organizations are focusing on making sure the county won’t approve the new proposal without a thorough public study. “To understand the details—local pollution shifts, where the feedstock will come from, how many millions of acres could be needed for soy, palm trees, you name it—there must be a full-scale environmental review combined with a 180-degree shift away from their planned tar sands expansions,” said Wilder Zeiser of Stand.earth.
Just Transition
Many are also concerned about the loss of jobs. Mike Miller, president of United Steelworkers Local 326, which represents workers at Phillips 66, said the company told him they could probably handle the reduction in jobs through attrition—10 or 20 people typically retire every year, Miller said, and “there are a lot of older people at our facility.” He added that when the company tells the union something, “most of the time they tell us the truth.” He said the company also mentioned the possibility of transferring workers to other Phillips facilities.
Supervisor Gioia reported that in his conversations with Marathon about its possible conversion to biofuels, managers estimated that the new plant would employ fewer than half of the number soon to be laid off from its Martinez refinery.
The problem, Gioia said, is that “the new jobs in the green economy aren’t there yet.” Many communities whose economies depend on fossil fuel, he said, are looking to the example of the electric-bus manufacturing plant recently opened in L.A. County. “Contra Costa is ground zero” for figuring out how to make a just transition from fossil fuels, Gioia said.
U.S. Representative Mark DeSaulnier said in a statement, “Workers must be taken into consideration and supported through [this] process—including with proper training, advanced warning, and jobs worthy of their skills. I have already begun and will continue to bring together local stakeholders to ensure that a transition away from fossil fuels does not leave anybody behind.”
In his report, Karras calls on governments to require fossil-fuel producers to pay up-front into a fund to help communities recover from their economic and environmental impacts and to provide income support and retraining for laid-off workers. Noting the support for biofuels from state and federal government, he said, “The project being proposed is so heavily subsidized that there’s every justification for holding the company responsible for making the workers and the community whole.”
In addition to jobs, neighbors are concerned about leftover toxic pollutants. Crockett resident Rieser said Phillips has “tanks of toxins and old oil sludge on both sides of Route 80. How will these be dealt with? Abandoned?” In addition to converting the refinery, Phillips 66 says it will close the nearby carbon-treatment plant, leaving another toxic site. A requirement to clean up the pollution, she said, should be a condition of any permit the county may grant.
Clean Fuel?
Biofuel helps reduce the amount of climate-disrupting carbon dioxide produced each year because it’s made from living plants. The carbon dioxide they absorb when they grow balances that emitted when they’re burned. “It’s probably true that biofuel will be some of what we need” to transition from a fossil fuel transportation system, Karras said. That’s because biofuel can be substituted for petroleum in existing vehicles and distribution systems, although for use in airplane engines, it must be blended with at least the same amount of petroleum fuel.
But according to the nonprofit Biofuel Watch, biofuel is “misleading as a climate solution,” for several reasons. One is that producing biofuel still releases carbon dioxide and toxic pollutants. Phillips 66 says the new facility will be 15 percent solar-powered, implying that the other 85 percent of the power will come from burning some kind of fuel.
Hydrocracking, the process Phillips 66 says it will use to produce biofuel, requires large amounts of hydrogen. And the refinery’s process for producing the hydrogen also produces large amounts of carbon dioxide, Karras said—along with health-harming pollutants.
In addition, burning biofuel in vehicles produces some of the same kinds of pollution as burning petroleum products, especially the “particulate matter” that causes the most harm to human health. A report from the National Institutes of Health evaluated research comparing the pollution from burning biofuel and petroleum. Results varied depending on the exact composition of the fuels, but in general the biofuels produced substantial amounts of particulate and other pollution, although less than petroleum. Low-income people of color are mostly likely to live near the refineries and freeways where those pollutants are concentrated.
A 2019 study compared two “pathways” for California to get off fossil fuel, one focusing on renewable fuels, the other on electrification of transportation. It estimated that the electrification pathway would reduce particulate pollution enough to avoid about 12,000 premature deaths a year. The renewable-fuels pathway would also avoid some premature deaths from particulate matter—but only about a quarter as many, 2,800 a year.
Land and Climate
The other big concern about biofuel is where the raw material comes from. Phillips 66 says it will be processing “used cooking oil, fats, greases and soybean oils.” But according to Biofuel Watch, the supply of used cooking oil is very limited. Phillips 66 has said that it will use soy oil from the Plains states, but these supplies are also limited. Many fear that the demand for soy and other biofuel crops is adding to the large-scale destruction of forests.
“Where biofuel production has been successful – using vegetable oils, corn, and sugarcane for example – the environmental and social consequences of vast new demand for these commodities has had severe and rippling effects on markets, food production, biodiversity, and human rights,” wrote Gary Hughes of Biofuel Watch. Destroying forests and soil to produce biofuel sometimes releases several times as much carbon as burning the fossil fuels they replace, according to a report from that organization.
State and federal policies heavily subsidize biofuels, according to Marijn van der Wal of Stratas Advisors, quoted in the Los Angeles Times story on the Phillips 66 announcement. Under the California Low Carbon Fuel Standard and the federal Renewable Identification Number program, producers of biofuel earn “credits” they can sell. They also get $1 per gallon through the federal Blenders Tax Credit program. Altogether, van der Wal estimated, this adds up to “about $3.32 a gallon . . . enough to cover production costs.”
Most American biofuel is produced in California “due to economic benefits under the Low Carbon Fuel Standard,” according to the US Department of Energy. But in a recent letter to the California Department of Energy, Biofuel Watch said this policy “locks in fossil fuel reliance” and “provides cover” for continuing the use of fossil fuel. That’s because it perpetuates the “liquid-fuel supply chain” and liquid-fuel vehicles. This “distracts from the imperative of deep transformation of our energy economy.”
[For a complete archive of day by day data, see my Excel ARCHIVE – R.S.]
Wednesday, September 16: 20 new cases overnight, no new deaths. Since the outbreak started: 6,007 cases, 52 deaths.Compare previous report, Tuesday, Sept 15:Summary
Solano County reported 20 new cases today, total of 6,007 cases since the outbreak started. Over the last week, Solano reported 229 new cases, an average of 33 per day.
Deaths – no new deaths today, total of 52 Solano deaths.
Active cases – Solano reported 4 moreACTIVE cases today, total of 216. Note that only 29 of these 216 people are hospitalized, so there are a lot of infected folks out among us, hopefully quarantined. Is the County equipped to contact trace so many infected persons? Who knows? To my knowledge, Solano County has no reporting on contact tracing.
Hospitalizations – the number of currentlyhospitalized persons included 3 fewer individuals today, total of 29. This despite the increase intotal number hospitalized since the outbreak started, plus 3 today, total of 301. Evidently more released than admitted (see age group hospitalization stats below).
ICU Beds –The County reported 43% of ICU beds available, down from 50% available yesterday and 56% on Monday. (After 7 weeks, still no information about availability of ventilators.)
Testing – The County reports today that only 249 residents were tested since yesterday (fewest single-day increase since August 5), new total of 82,257. Solano has a long way to go: only 18.4% of Solano County’s 447,643 residents (2019) have been tested.
Positive Test Rate
Solano County reported today that our 7-day average test rate remained at 3.1%. I was skeptical about the remarkably low rate last week: our supposedly smooth 7-day moving average has been jumping all over the place lately (see note about delayed adjustments below). For the record, two weeks ago we saw Solano rates above 7% for the first time since we peaked at 9.3% on July 22. Last week we bottomed out at 2.7%. The County’s line graph looks like a flat line and tells us absolutely nothing, not worth posting here. Health officials and news reports focus on percent positive test rates as one of the best metrics for measuring the spread of the virus. The much more stable California 7-day test rate rose today from 3.3% to 3.6%. (Note that Solano County displays past weeks and months in a 7-day test positivity line graph which also shows daily results. However, the chart does not display an accurate number of cases for the most recent days, as there is a lag time in receiving test results. The 7-day curve also lags behind current unknown results.)
By Age Group
Youth 17 and under – only 1 new case today, total of 657 cases, representing 10.9% of the 6,007 total cases. No new hospitalizations among this age group, a total of 5 hospitalizations since the outbreak began. Thankfully, no deaths. In recent weeks it seems too many youth are ignoring public health orders. Cases among Solano youth rose steadily over the summer, from 5.6% of total cases on June 8 to 11% on August 31 and has remained around 11% since then. Youth are 22% of Solano’s general population, so this 11% may seem low. The significance is this: 1) youth numbers have increased steadily and at a faster rate than the other age groups, and 2) youth are SERIOUSLY NOT IMMUNE (!) – in fact 5 youth have been hospitalized.
Persons 18-49 years of age – 11 new cases today, total of 3,607 cases. This age group is 41% of the population in Solano, but represents 60% of the 6,007 total cases, by far the highest percentage of all age groups. The County reported no new hospitalizations in this age group today, total of 94 hospitalized since the outbreak began. No new deaths among this age group today, total of 4 deaths. Some in this group are surely ignoring public health orders, and many are providing essential services among us. I expect his group is a major factor in the spread of the virus.
Persons 50-64 years of age – 4 new cases today, total of 1,150 cases. This age group represents 19% of the 6,007 total cases. 2 new hospitalizations today, total of 82 hospitalized since the outbreak began. No new deaths in this age group today, a total of 8 deaths.
Persons 65 years or older – On Monday, I reported Solano’s LARGEST SINGLE WEEKEND INCREASE in this age group since I began keeping records on April 20: 31 new cases, 3 new hospitalizations and 2 deaths. The County reported 4 new cases today, and 1 new hospitalization, (no new deaths). I believe recent increases are related to news of an outbreak at the Parkrose Gardens Alzheimer’s and Dementia care facility in Fairfield, where 31 patients and 8 staff have tested positive. This age group’s 592 cases represent 9.9% of the 6,007 total cases. Total hospitalizations since the pandemic began number 120 today, and deaths total 40 in this age group. In this older age group, 20.3% of cases required hospitalization at one time. This group accounts for 40 of the 52 deaths, or 77%.
City Data
Benicia added 2 new cases today, total of 155 cases since the outbreak began.
Dixon added no new cases today, total of 399 cases.
Fairfield added 6 new cases today, total of 1,961.
Rio Vista added no new cases today, total of 40 cases.
Suisun City added 1 new case today, total of 434 cases.
Vacaville added 5 new cases today, total of 998 cases.
Vallejoadded 6 new cases today, total of 2,001 cases.
Unincorporated areas added no new cases today, total of 19 cases.
Cases, Hospitalizations & Deaths by Race / Ethnicity
The County report on race / ethnicity includes case numbers, hospitalizations, deaths and Solano population statistics. This information is discouragingly similar to national reports that indicate significantly worse outcomes among black and brown Americans. Note that all of this data surely undercounts Latinx Americans, as there is a large group of “Multirace / Others” which likely is composed mostly of Latinex members of our communities.
Asian Americans are 14% of Solano’s population, and account for 9% of cases, 12% of hospitalizations, and 19% of deaths.
Black Americans are 14% of Solano’s population, and account for 11% of cases, but 18% of hospitalizations, and 23% of deaths.
Latinx Americans are 26% of Solano’s population, but account for 31% of cases, 32% of hospitalizations, and 27% of deaths.
White Americans are 39% of the population in Solano County, but only account for 21% of cases, 22% of hospitalizations and 21% of deaths.
[For a complete archive of day by day data, see my Excel ARCHIVE – R.S.]
Tuesday, September 15: 50 new cases overnight, 2 new deaths. Since the outbreak started: 5,987 cases, 52 deaths.Compare previous report, Monday, Sept 14:Summary
Solano County reported 50 new cases today, total of 5,987 cases since the outbreak started. Over the last week, Solano reported 225 new cases, an average of 32 per day.
Deaths – 2 new deaths today, total of 52 Solano deaths.
Active cases – Solano reported 4 moreACTIVE cases today, total of 212. Note that only 32 of these 212 people are hospitalized, so there are a lot of infected folks out among us, hopefully quarantined. Is the County equipped to contact trace so many infected persons? Who knows? To my knowledge, Solano County has no reporting on contact tracing.
Hospitalizations – the number of currentlyhospitalized persons included 1 fewer individuals today, total of 32. This despite the increase intotal number hospitalized since the outbreak started, plus 4 today, total of 298. Evidently more released than admitted (see age group hospitalization stats below).
ICU Beds –The County reported 50% of ICU beds available, down from 56% available yesterday. (After 7 weeks, still no information about availability of ventilators.)
Testing – The County reports today that 649 more residents were tested since yesterday, new total of 82,008. Solano has a long way to go: only 18.3% of Solano County’s 447,643 residents (2019) have been tested.
Positive Test Rate: TOPSY TURVY … DOWN AGAIN
Solano County reported today that our 7-day average test rate fell overnight by 1.8% from 4.9% to 3.1%. I was skeptical about the remarkably low rate last week: our supposedly smooth 7-day moving average has been jumping all over the place lately (see note about delayed adjustments below). For the record, two weeks ago we saw Solano rates above 7% for the first time since we peaked at 9.3% on July 22. Last week we bottomed out at 2.7%. The County’s line graph looks like a flat line and tells us absolutely nothing, so I decided today that it isn’t worth posting here. Health officials and news reports focus on percent positive test rates as one of the best metrics for measuring the spread of the virus. The much more stable California 7-day test rate fell slightly today from 3.5% to 3.3%. (Note that Solano County displays past weeks and months in a 7-day test positivity line graph which also shows daily results. However, the chart does not display an accurate number of cases for the most recent days, as there is a lag time in receiving test results. The 7-day curve also lags behind current unknown results.)
By Age Group
Youth 17 and under – 5 new case today, total of 656 cases, representing 11% of the 5,987 total cases. No new hospitalizations among this age group, a total of 5 hospitalizations since the outbreak began. Thankfully, no deaths. In recent weeks it seems too many youth are ignoring public health orders. Cases among Solano youth rose steadily over the summer, from 5.6% of total cases on June 8 to 11% on August 31 and has remained at 11% since then. Youth are 22% of Solano’s general population, so this 11% may seem low. The significance is this: 1) youth numbers have increased steadily and at a faster rate than the other age groups, and 2) youth are SERIOUSLY NOT IMMUNE (!) – in fact 5 youth have been hospitalized.
Persons 18-49 years of age – 27 new cases today, total of 3,596 cases. This age group is 41% of the population in Solano, but represents 60% of the 5,987 total cases, by far the highest percentage of all age groups. The County reported no new hospitalizations in this age group today, total of 94 hospitalized since the outbreak began. No new deaths among this age group today, total of 4 deaths. Some in this group are surely ignoring public health orders, and many are providing essential services among us. I expect his group is a major factor in the spread of the virus.
Persons 50-64 years of age – 12 new cases today, total of 1,146 cases. This age group represents 19% of the 5,987 total cases. 1 new hospitalization today, total of 80 hospitalized since the outbreak began. 1 new death in this age group today, a total of 8 deaths.
Persons 65 years or older – Yesterday, I reported Solano’s LARGEST SINGLE WEEKEND INCREASE in this age group since I began keeping records on April 20: 31 new cases, 3 new hospitalizations and 2 deaths. The outbreak continues: 7 new cases today, 3 new hospitalizations and 1 new death. Now we can report that this is almost assuredly related to news of an outbreak at the Parkrose Gardens Alzheimer’s and Dementia care facility in Fairfield, where 31 patients and 8 staff have tested positive. This age group’s 588 cases represent 9.8% of the 5,987 total cases. Total hospitalizations since the pandemic began number 119 today, and deaths total 40 in this age group. In this older age group, 20.2% of cases required hospitalization at one time. This group accounts for 40 of the 52 deaths, or 77%.
City Data
Benicia added 5 new cases today, total of 153 cases since the outbreak began.
Dixonadded 1 new cases today, total of 399 cases.
Fairfield added 15 new cases today, total of 1,955.
Rio Vista added no new cases today, total of 40 cases.
Suisun City added 4 new cases today, total of 433 cases.
Vacaville added 4 new cases today, total of 993 cases.
Vallejoadded 21 new cases today, total of 1,995 cases.
Unincorporated areas added no new cases today, total of 19 cases.
Cases, Hospitalizations & Deaths by Race / Ethnicity
The County report on race / ethnicity includes case numbers, hospitalizations, deaths and Solano population statistics. This information is discouragingly similar to national reports that indicate significantly worse outcomes among black and brown Americans. Note that all of this data surely undercounts Latinx Americans, as there is a large group of “Multirace / Others” which likely is composed mostly of Latinex members of our communities.
Asian Americans are 14% of Solano’s population, and account for 9% of cases, 12% of hospitalizations, and 19% of deaths.
Black Americans are 14% of Solano’s population, and account for 11% of cases, but 18% of hospitalizations, and 23% of deaths.
Latinx Americans are 26% of Solano’s population, but account for 31% of cases, 33% of hospitalizations, and 27% of deaths.
White Americans are 39% of the population in Solano County, but only account for 20% of cases, 22% of hospitalizations and 21% of deaths.
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